[Federal Register: March 15, 2001 (Volume 66, Number 51)]
[Notices]
[Page 15088-15089]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr01-44]
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CONSUMER PRODUCT SAFETY COMMISSION
Notification of Request for Reinstatement of Approval of
Information Collection Requirements--Cellulose Insulation
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: In the Federal Register of August 15, 2000 (65 FR 49788), The
Consumer Product Safety Commission published a notice in accordance
with provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35)
to announce the agency's intention to seek extension of approval of the
collection of information in regulations implementing the Amended
Interim Safety Standard for Cellulose Insulation (16 CFR Part 1209).
One comment, discussed below, was received from the North American
Insulation Manufacturers Association (NAIMA). The Commission now
announces that it has submitted to the Office of Management and Budget
a request for reinstatement of approval of that collection of
information without change for a period of three years from the date of
approval.
The cellulose insulation standard prescribes requirements for
flammability and corrosiveness of cellulose insulation produced for
sale to or use by consumers. The standard requires manufacturers and
importers of cellulose insulation to test insulation for resistance to
smoldering and small open-flame ignition, and for corrosiveness, and to
maintain records of that testing.
[[Page 15089]]
In its comment NAIMA made five points. These issues and CPSC's
responses are discussed below.
(1) First, NAIMA states that continued collection of information
about cellulose insulation ``is only justified if CPSC intends to
review, evaluate, and act on the information collected.'' NAIMA argues
that if CPSC is not actually using the information collected, then any
cost for collecting it is unwarranted.
CPSC's field staff has recently been instructed to perform
inspections to review the records of companies that produce cellulose
insulation. The staff will determine whether records indicate that
manufacturers are complying with the testing and recordkeeping
requirements set forth in the CPSC standard.
(2) NAIMA states that in June 2000 NAIMA submitted data to CPSC
that ``indicates that cellulose manufacturers routinely manufacture
insulation that does not meet the CPSC safety standard.'' NAIMA argues
that this indicates cellulose insulation manufacturers are not aware of
the requirements of the standard or are ignoring them.
As explained above, CPSC field staff will be conducting inspections
of cellulose insulation manufacturing facilities' records to see that
their testing and recordkeeping meet CPSC requirements. The standard
requires manufacturers to conduct tests on samples to demonstrate that
their product passes the tests for flammability and corrosiveness in
the standard. Manufacturers must maintain records demonstrating
compliance with these testing requirements.
(3) NAIMA states that ``CPSC does not appear to be taking any
action regarding insulation that fails to meet the interim standard.''
NAIMA argues that the Commission has not taken any action in recent
years to enforce the standard, and therefore further collection of this
information is not justified.
The CPSC has not had information warranting enforcement action.
Should CPSC become aware of such information it would take appropriate
action. CPSC is attempting to obtain a better picture of current
practices with the field program discussed above.
(4) NAIMA states that the current standard is ``outdated and does
not adequately ensure adequate fire resistance.'' NAIMA argues that
developments in the twenty years since the standard was last revised
make it inadequate.
As NAIMA recognizes, the Amended Interim Safety Standard is based
on a General Services Administration (``GSA'') specification from 1979.
In 1978 Congress passed the Emergency Interim Consumer Product Safety
Standard Act (codified at 15 U.S.C. 2082), which mandated that the GSA
specification for cellulose insulation in effect at that time shall
become a consumer product safety standard. The law also required the
Commission to incorporate into the standard subsequent changes GSA made
to the requirements for flame resistance and corrosiveness. Thus, in
1978, the Commission issued the Interim Safety Standard for Cellulose
Insulation, and in 1979, the Commission amended that standard to
incorporate revisions GSA made to its specification. GSA has not made
further changes to its specification.
Congress further provided that the Commission could issue a final
consumer product safety standard on its own if the Commission found
that the interim safety standard ``does not adequately protect the
public from the unreasonable risk of injury associated with flammable
or corrosive cellulose insulation.'' 15 U.S.C. 2082(c)(1)(B). Thus, for
the Commission to make changes to the interim standard--other than
incorporating changes GSA makes in its specification--the Commission
must find that the current standard does not adequately protect the
public from an unreasonable risk of injury.
The Commission staff is not aware of any data showing that
cellulose insulation presents an unreasonable risk of injury, or that
the current interim standard is inadequate to protect against such a
risk. While national fire loss data are limited because they do not
adequately identify the type of thermal insulation involved in fires, a
review of those data shows that from 1987 to 1997 (the latest year for
which data are available), estimated fire losses involving thermal
insulation have not increased. According to the law explained above,
the Commission would need evidence that cellulose insulation presents
an unreasonable risk of injury, or that the current interim standard is
inadequate to protect against such a risk to change the interim safety
standard.
(5) NAIMA states that CPSC should not continue to collect data on
cellulose insulation ``because it creates the false impression among
consumers that the fire safety of cellulose insulation is being closely
monitored and controlled.''
As explained above, CPSC field staff will be reviewing records to
see that manufacturers are complying with the standard's requirements.
Also, as explained above, the CPSC cannot legally change the standard
unless it has data indicating that under the current standard cellulose
insulation presents an unreasonable risk of injury and revising the
standard is necessary to protect the public.
Additional Information About the Request for Extension of Approval
of Information Collection Requirements
Agency address: Consumer Product Safety Commission, Washington, DC
20207.
Title of information collection: Amended Interim Safety Standard
for Cellulose Insulation (16 CFR Part 1209).
Type of request: Reinstatement of approval.
General description of respondents: Manufacturers and importers of
cellulose insulation.
Estimated number of respondents: 45.
Estimated average number of hours per respondent: 1,320 per year.
Estimated number of hours for all respondents: 59,400 per year.
Estimated cost of collection for all respondents: $802,000 per
year.
Comments: Comments on this request for reinstatement of approval of
information collection requirements should be submitted by April 16,
2001 to (1) The Office of Information and Regulatory Affairs, Attn: OMB
Desk Officer for CPSC, Office of Management and Budget, Washington, DC
20503; telephone: (202) 395-7340, and (2) the Office of the Secretary,
Consumer Product Safety Commission, Washington, DC 20207. Written
comments may also be sent to the Office of the Secretary by facsimile
at (301) 504-0127 or by e-mail at cpsc-os@cpsc.gov.
Copies of this request for reinstatement of the information
collection requirements and supporting documentation are available from
Linda Glatz, management and program analyst, Office of Planning and
Evaluation, Consumer Product Safety Commission, Washington, DC 20207;
telephone: (301) 504-0416, extension 2226.
Dated: March 8, 2001.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 01-6382 Filed 3-14-01; 8:45 am]
BILLING CODE 6355-01-P